Av. Sevcen CAN & Av. Yasemin ÇORAK
In our previous articles, we explained the changes that may take place in essential elements of the contract (Please see…), the cancellation of package tour and the defective performance of the contract (Please see…) and some general liability provisions related to package tour contracts (Please see…). In this article, we explain the transfer or the termination of the package tour contracts.
Transfer of the Contract
According to the Implementing Regulation, the consumer can transfer the contract to a third person in cases where it is not possible to continue the tour for various reasons. To transfer the contract to a third person, the consumer shall notify the organizer/agent in writing at least seven days in advance. Third person to whom contracts will be transferred shall meet all criteria of the contract. The transferor or the transferee of the contract shall be jointly and severally liable for paying the balance cost and the all additional costs arising from the transfer.
Termination of the Contract
The consumer has the right to terminate the contract unilaterally under the condition that he notifies the organizer/agent in writing.
In termination notification that is made at least 30 days before the start of the package tour; price which is paid by the consumer shall be refunded without making any cuts (excluding taxes, charges and other legal liabilities).
In termination notification that is made less than 30 days before the start of the package tour; a cut of a certain amount or rate may be made under the condition that it is agreed in the contract. In cases where termination notification is made for reasons that the consumer could not foresee or could not perevent despite all care or as a result of force major, price which is paid by the consumer shall be refunded without making any cuts (excluding taxes, charges and other legal liabilities).
The price refunds which will be made within this scope shall be made in fourteen days from the date of receipt of the termination notification by the organizer/agent.
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